Judgment, Supreme Court, New York County (John Cataldo, J. at plea; Laura A. Ward, J. at sentence), rendered June 27, 2008, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of 41/2 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Catterson, Renwick, DeGrasse, Freedman, JJ.
The record does not establish a valid waiver of defendant's right to appeal. There was no oral discussion of such a waiver, and, unlike the written waiver upheld in People v Ramos (7 NY3d 737 ), the reference to a waiver contained in defendant's written plea agreement was entirely perfunctory.
We find the sentence excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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